The Supreme Court sets Civil Rights back decades (Updated)
Today’s Supreme Court decision in the New Haven Firefighter’s case is a huge blow to the civil rights movement. Tim Wise says it better than I ever could:
A Ricci victory would throw civil rights jurisprudence into utter chaos, as well. In effect, such a result would mean that the court had said employers must take actions that produce disparate racial impact against people of color, or else be sued for disparate treatment of whites. In other words, they must violate one part of Title VII in order to not violate another portion of it. That such a holding is repugnant to the legislative intent of those who framed the law should be obvious. For the Supreme Court’s conservatives, who claim to be “strict constructionists,” beholden to legislative intent, to find for Ricci and thereby shred the framer’s intent for Title VII, would make a mockery of their entire judicial philosophy, and demonstrate the disingenuousness of their claims to believe in it.
This decision smacks of politics, as well. The Right is already bludgeoning Sotomayor with it. With what we have observed about the Republican party and how they walk in lockstep, do you really believe politics had nothing to do with today’s decision?
The worst part is that, with all the spin and politics surrounding this case, the central issue is getting lost. Clearly, the City of New Haven thought the exam in question was faulty and not an accurate indicator of who should earn a promotion. It was their intent to rectify this and come up with a better exam. They should have been applauded for this, but instead the cry of “reverse racism” went up and people lost their damned minds.
This is White Privilege writ large, and now there is a legal precedent for it. Any government employer attempting to be more inclusive is now open to reverse racism lawsuits. How is that supposed to help race relations in our country?
The Senate’s recent apology for slavery rings very hollow today.
Update: Glenn Greenwald of Salon.com weighed in on the subject (emphasis mine):
For all the chatter about “judicial activism” and that dreadful Roberts metaphor of “a neutral umpire calling balls and strikes,” it is so striking how frequently conservative judges invalidate policies which conservatives dislike as a political matter. Here we have the conservative wing of the Court declaring illegal the employment decisions of local government officials, who used a political approach — diversity — which conservatives dislike on policy grounds. So often, the outcomes of the allegedly neutral conservative judges are completely consistent with (and aggressively advance) the political preferences of conservatives (Bush v. Gore being only the most obvious example). Indeed, few things are rarer than conservatives Justices invalidating policies that conservatives like politically, or upholding policies they despise — the true test for whether one applies the law independently of political and outcome preferences.
Hardly a record worth bragging about. But conservatives are always too busy pointing out everyone else’s flaws to see their own.
Returning from the Aether
Thank you to all who have expressed your support and asked me to resume posting here. It means a lot to me.
The election did me in, I admit it. The naked hostility was more than I could stomach (not here…just in general). So I took a break.
Hopefully I’m back now. I’ve missed blogging, my inner film critic misses it. And someone has to kick those “moderate” dems in the keester. Now, where did I put my steel-toed boots….
Liveblogging the VP Debate
10:00pm: Sarah Palin is lying like a rug. Oh, and she can’t pronounce “nuclear”. Who coached her, Bush?
As usual, Palin is expressing the idea of “change” and “regulation”, completely ignoring the fact that the Republicans have been in charge for the last 8 years. She also repeats stupid lines like “they hate our freedom”.
Biden got in a few nice hits. He pointed out McCain’s record on the Iraq war and diplomacy with…Spain. But shame on you and Obama both for not supporting gay marriage!
Palin: lie lie lie. She’s a lying sack. Been there, done that, don’t need another.
She spouts the party line about Iraq: victory, Petraus, central front in the War on Terror. Hey, Sarah! Bin Laden isn’t in Iraq, he’s in Pakistan! Idiot.
If she says “maverick” again I might break the TV. Maverick my ass! McCain and Palin represent the status quo. Just saying it doesn’t make it so.
Where’s the question about womens’ issues?
10:18pm: Palin thinks the VP isn’t part of the executive branch? She shouldn’t refer to the constitution, since she clearly doesn’t know anything about it.
Biden DOES know the consitution. And yes, the VP is part of the executive branch. SMACKDOWN! SCORE!!
Go Biden! The maverick label is horse pucky. Tell it!
So…how is appointing your best friends from high school to government positions bipartisan, Governor Palin? Lying sack. Oh, did I mention she’s a liar?
Oooh take a dig at the mainstream media. You’re going to fight for me, Governor Palin? You want to do something for me? Drop out of the race, kthx~
They’re going to say she won the debate because she didn’t puke or pee on herself. I expected no less from her, though. She’s ambition incarnate, narcissistic, and a skilled liar.
My take: this did not help the McCain ticket. She spewed a lot of talking points but avoided answering a lot of the questions. Just saying “We’re going to change things/shake things up” and giving no details isn’t very convincing, especially when your running mate is part of the status quo. Anyone who thinks she did well was probably already going to vote for McCain.
Okay, maybe I shouldn’t liveblog. Or maybe I should drink next time.
I’m off. Gotta donate some more money to Obama.
How McCain deals with a crisis
John McCain showed us today how he deals with a crisis(h/t HuffingtonPost):
RUN AWAY!!! RUN!!!! FUQN RUUUUUUUUUUUN!!
Doesn’t exactly inspire confidence, does it.
Wanda Sykes weighs in on Election 2008
Wanda Sykes isn’t one to mince words, and last night on The Tonight Show was no exception.
How refreshing! Thank you, Ms. Sykes. I needed that.
Did you feel the world shake?
I did something today that I’ve never done before: I called all of my elected representatives to tell them to vote against Paulson’s bailout plan.
I expected a lot of resistance. Imagine my surprise to discover that Jim DeMint in particular has come out against the bailout. This is a man who glided into the Senate in 2004 by agreeing with Bush about, well, everything. Yet we are in total agreement on this issue!
I think I felt a rip in the space-time continuum.
Oh, yeah, and I smell a rat. Why do I feel like this is just a huge trap being set for the Democrats?
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